If you apply for Social Security disability benefits in Michigan and your claim is denied, don’t lose hope. You can appeal that denial. In fact, there are multiple appeal options for you if your disability benefit application is denied. Working with a disability appeal attorney in Michigan can help you improve your chances of winning the appeal and getting your application approved.
Reasons for Denial of Disability Benefits in Michigan
If your application for Social Security disability benefits in Michigan is denied it doesn’t mean that you’re not disabled. Most people have their disability benefit application denied the first time because of things like:
Insufficient Medical Evidence
This is the number one reason why applications for disability benefits are denied. You must include medical evidence that shows that you meet the Social Security Administration’s requirements, and that your condition makes it impossible for you to do any kind of paid work.
A disability appeal attorney in Michigan can be a great resource for helping you figure out if your application has enough medical evidence or not.
Failure to Meet the Definition of Disability
Applicants must demonstrate that their condition severely limits their ability to perform basic work activities. That means you must show why your symptoms or condition make it impossible for you to work. You must be as specific as possible making the connection between your symptoms and the skills needed to hold a job.
If you are working with a disability appeal attorney in Michigan that attorney can help you understand how to demonstrate to the SSA that your symptoms make it impossible for you to work.
Non-compliance with Treatment
Part of your medical evidence will include directions and recommendations for follow-up care. If you can’t show that you have followed prescribed medical treatments or therapies, the SSA might view this as a sign that the condition is not as severe as claimed. You must show that you have continued receiving treatment or attending therapy for your disabling condition.
Work Activity
You cannot engage in any kind of substantial gainful activity, or work, while you are in the application process. If you earn money while you are waiting for your application to be approved it will be denied, because you will have demonstrated that you can still work and earn money.
Incomplete Application
This is another very common reason why applications are denied. The SSA asks for a lot of information in the application for disability benefits. You have to include all of your medical evidence, plus all the other documentation that the SSA requires. If you forget any of the documents requested by the SSA your application will automatically be denied.
It’s strongly recommended that you work with a disability benefit appeal attorney in Michigan because a disability benefit appeal attorney in Michigan will help you go through the application and make sure that you have included all of the information required by the SSA.
Failure to Cooperate
If you don’t respond to the SSA promptly when they ask for additional documentation, or ask you to attend a medical evaluation, or you don’t return documents promptly then your application will be denied.
Appeals Process for Michigan Disability Benefits
If your application for Social Security disability benefits is denied the appeals process begins when you receive the denial letter. The denial letter will tell you exactly why the application was denied. Then you can start the stages of the appeals process for Michigan disability benefits:
Request a Reconsideration
You must request a reconsideration from the SSA within 60 days from the date on the denial letter, not the date you receive it. So pay close attention to the date on the actual letter. You can officially request reconsideration online through the SSA’s website, by phone, or by visiting any Social Security Administration office in Michigan. You will have to fill out an official Request for Reconsideration form.
Reconsideration Review
After you officially request that your application be reconsidered you will have the chance to add additional evidence and documentation. This is when you can fix any errors in the original application that led to the denial.
Working with a disability benefit appeal attorney in Michigan at this point is the best way to get your application approved. A disability benefit appeal attorney can go over the application with you, suggest additional documentation, and help you gather up medical evidence.
After you submit any new documents a different reviewer will evaluate your application. You will likely wait between 2-6 months for a new decision.
Request a Hearing
If your claim is denied again in reconsideration, you will have 60 days from the date on that denial letter to ask for a hearing in front of an Administrative Law Judge.
You will need to complete an ALJ Hearing request form. Then you will need to gather additional documents and evidence to present to the judge.
After the hearing, the ALJ will issue a decision. This can take weeks to months.
Further Appeals
If the judge denies your claim, you can appeal to the Appeals Council. If the Appeals Council denies your appeal, you can take your case to federal court.
Tips for a Successful Appeal
If you want to increase the chances of getting an approval on your Social Security disability benefits appeal in Michigan you should:
Include More Medical Evidence
Make sure you have submitted complete and up-to-date medical records that clearly document your condition and how it limits your ability to work.
Provide Detailed Documentation
Include statements from doctors, therapists, and anyone familiar with your daily struggles. Statements from doctors, previous employers, and others can make your case stronger.
Review the Denial Reason
Carefully read the denial letter to understand why your application was denied. Address these specific issues in your appeal by providing additional evidence or clarifying any misunderstandings. This is one area where working with a disability benefit appeal attorney in Michigan can really help you.
Work With A Disability Benefit Appeal Attorney In Michigan
A Michigan disability attorney will be a big help in making sure that you have addressed the reason for your initial denial. They understand the process, can help gather necessary documentation, and may improve your chances of a successful appeal.
Timeline for Filing a Disability Appeal in Michigan
If your initial application is denied you must file your request for reconsideration within 60 days of the date on your denial notice, not 60 days from when you receive the denial notice. In general, you will have only 60 days to request an appeal at every stage of the appeal process. If you don’t make deadlines set by the SSA your application will be automatically denied.
CTA: Find a Disability Lawyer in Michigan
